8/20/2020
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there was no proof that Eduardo's illness, which resulted in his death, was workrelated;[26] the mere fact that the immediate cause of Eduardo's death was acute
respiratory failure does not necessarily mean that he died due to a lung disease
because the term acute respiratory failure merely refers to a stage of lung failure due
to complications arising from a person's illness, which in this case, is his prostate
cancer;[27] and Eduardo failed to comply with the mandatory three-day reportorial
requirement under the 2000 POEA-SEC.[28]
The petition is unmeritorious.
The pertinent provision of Section 20(A) on Compensation and Benefits for Death under
the 2000 POEA-SEC reads:
A. Compensation and benefits for death
1. In case of work-related death of the seafarer[,] during the term of his
contract[,] the employer shall pay his beneficiaries the Philippine
Currency equivalent to the amount of Fifty Thousand US dollars
(US$50,000.00) and an additional amount of Seven Thousand US
dollars (US$7,000.00) to each child under the age of twenty-one (21)
but not exceeding four (4) children, at the exchange rate prevailing
during the time of payment.
When a party claims benefits for the death of a seafarer due to a work related illness,
one must be able to establish that: (1) the death occurred during the term of his
employment; and (2) the illness is work-related.[29]
Here, there is no contest that Eduardo's death occurred more than one year after the
end of his employment contract. The only issue for our consideration is whether
Eduardo's death is compensable for having been caused by an illness contracted during
his employment; in other words, whether Eduardo's death is work-related.
The CA concluded that Eduardo acquired bronchial asthma, an occupational disease
under Section 32-A of the 2000 POEA-SEC, during his employment with petitioners. The
CA further found that there was a reasonable connection between Eduardo's job as a
Second Officer and his bronchial asthma, which eventually developed into an acute
respiratory failure and ultimately caused his death.[30]
We agree.
The causes of Eduardo's death as stated in his Certificate of Death[31] are:
17. CAUSES OF DEATH
I. Immediate cause: a. ACUTE RESPIRATORY FAILURE
Antecedent cause: b. PROB. SEC. TO PULMONARY THROMBOEMBOLISM
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